[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR100.24]

[Page 55-56]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 100_SCOPE AND DEFINITIONS (2 U.S.C. 431)--Table of Contents
 
                      Subpart A_General Definitions
 
Sec.  100.24  Federal election activity (2 U.S.C. 431(20)).

    (a) As used in this section, and in part 300 of this chapter,
    (1) In connection with an election in which a candidate for Federal 
office appears on the ballot means:
    (i) The period of time beginning on the date of the earliest filing 
deadline for access to the primary election ballot for Federal 
candidates as determined by State law, or in those States that do not 
conduct primaries, on January 1 of each even-numbered year and ending on 
the date of the general election, up to and including the date of any 
general runoff.
    (ii) The period beginning on the date on which the date of a special 
election in which a candidate for Federal office appears on the ballot 
is set and ending on the date of the special election.
    (iii) Voter Identification and Get-Out-the-Vote Activities Limited 
to Non-Federal Elections.
    (A) Notwithstanding paragraphs (a)(1)(i) and (ii) of this section, 
in connection with an election in which a candidate for Federal office 
appears on the ballot does not include any activity or communication 
that is in connection with a non-Federal election that is held on a date 
separate from a date of any Federal election and that refers exclusively 
to:
    (1) Non-Federal candidates participating in the non-Federal 
election, provided the non-Federal candidates are not also Federal 
candidates;
    (2) Ballot referenda or initiatives scheduled for the date of the 
non-Federal election; or
    (3) The date, polling hours and locations of the non-Federal 
election.
    (B) Paragraph (a)(1)(iii) of this section shall not apply to any 
activities or communications after September 1, 2007.
    (2) Voter registration activity means contacting individuals by 
telephone, in person, or by other individualized means to assist them in 
registering to vote. Voter registration activity includes, but is not 
limited to, printing and distributing registration and voting 
information, providing individuals with voter registration forms, and 
assisting individuals in the completion and filing of such forms.
    (3) Get-out-the-vote activity means contacting registered voters by 
telephone, in person, or by other individualized means, to assist them 
in engaging in the act of voting. Get-out-the-vote activity includes, 
but is not limited to:
    (i) Providing to individual voters information such as the date of 
the election, the times when polling places are open, and the location 
of particular polling places; and

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    (ii) Offering to transport or actually transporting voters to the 
polls.
    (4) Voter identification means acquiring information about potential 
voters, including, but not limited to, obtaining voter lists and 
creating or enhancing voter lists by verifying or adding information 
about the voters' likelihood of voting in an upcoming election or their 
likelihood of voting for specific candidates. The date a voter list is 
acquired shall govern whether a State, district, or local party 
committee has obtained a voter list within the meaning of this section.
    (b) As used in part 300 of this chapter, Federal election activity 
means any of the activities described in paragraphs (b)(1) through 
(b)(4) of this section.
    (1) Voter registration activity during the period that begins on the 
date that is 120 calendar days before the date that a regularly 
scheduled Federal election is held and ends on the date of the election. 
For purposes of voter registration activity, the term ``election'' does 
not include any special election.
    (2) The following activities conducted in connection with an 
election in which one or more candidates for Federal office appears on 
the ballot (regardless of whether one or more candidates for State or 
local office also appears on the ballot):
    (i) Voter identification.
    (ii) Generic campaign activity, as defined in 11 CFR 100.25.
    (iii) Get-out-the-vote activity.
    (3) A public communication that refers to a clearly identified 
candidate for Federal office, regardless of whether a candidate for 
State or local election is also mentioned or identified, and that 
promotes or supports, or attacks or opposes any candidate for Federal 
office. This paragraph applies whether or not the communication 
expressly advocates a vote for or against a Federal candidate.
    (4) Services provided during any month by an employee of a State, 
district, or local committee of a political party who spends more than 
25 percent of that individual's compensated time during that month on 
activities in connection with a Federal election.
    (c) Exceptions. Federal election activity does not include any 
amount expended or disbursed by a State, district, or local committee of 
a political party for any of the following activities:
    (1) A public communication that refers solely to one or more clearly 
identified candidates for State or local office and that does not 
promote or support, or attack or oppose a clearly identified candidate 
for Federal office; provided, however, that such a public communication 
shall be considered a Federal election activity if it constitutes voter 
registration activity, generic campaign activity, get-out-the-vote 
activity, or voter identification.
    (2) A contribution to a candidate for State or local office, 
provided the contribution is not designated to pay for voter 
registration activity, voter identification, generic campaign activity, 
get-out-the-vote activity, a public communication, or employee services 
as set forth in paragraphs (a)(1) through (4) of this section.
    (3) The costs of a State, district, or local political convention, 
meeting or conference.
    (4) The costs of grassroots campaign materials, including buttons, 
bumper stickers, handbills, brochures, posters, and yard signs, that 
name or depict only candidates for State or local office.

[67 FR 49110, July 29, 2002, as amended at 71 FR 8932, Feb. 22, 2006; 71 
FR 14360, Mar. 22, 2006]